The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1887-04-20
IMPRISONMENT FOR DEBT.
SOME LEGAL POINTS FOR THE BENEFIT
OF THOSE WHO MAY BE IGNORANT,
OR INCLINED TO TAKE THE AD-
VANTAGE OF A DEBTOR.

I'm Cases OF Fraud the Creditor May
Keep His Debtor in Jail Until Inc
Makes an Assignment of all His
Property.
| Editor Press and Banner:
| The general, may say the universal i'm.
preston, has been that there was no impris
onment for debt since the adoption Of the
known differently, but 1t Is doubtful If such a
thing as combining the person of the debtor
| for non-payment OF his debt has been at
tempted for twenty years in this State until
| Hood in York county.
! For the information of the ignorant, and ms
n warning to the illegally honest" and q can.
| tion to the unwary, we will collect the law on
this point. The Constitution which overrides
all acts says, Article /, Section 90: mo per.
son shall be imprisoned for debt, except In
cases of fraud" If this section has been con.
strued, or interpreted, or applied by our Su.
stands as the final test in any case where i'm.
prisonment Is attempted. Any act or statute
contradcting or enlargtng this section is sim
what Is meant or what is included, or what is
excluded by debt sin cases of fraud" bnt
there stands that passage-the final test-in
such cases. the enactments of the Legisla-
ture pre as follows:
SECTION 100 OF THE CODE. No person shall
be arrested in q civil action, except as pre-
scrlbed by this Code OF Procedure; but the
same shall not apply to proceedings for con-
tempt.
SEC. 2O0. The defendant may be arrested,
as hereinafter prescribed, in the following
cases:
l. In an action for money received, or prop
erty embezzled or fraudulently rnisapplied,
by public officer, or by an attorney, solicit
tor, or counselor, or by an officer or agent of q
corporation or banking association, in the
course of his employment rs such, or by any
factor, agent, broker, or other person in fdli-
clary capacity, or for any misconduct or neg
lect In Office, or In q professional employment.
2 In an action to recover the possession OF
personal property fraudulentiy detained, or
where the property, or any part thereof, has
been fraudulently concealed, removed, or dis
posed Of so that IL cannot be found or taken
by the Sheriff or Constable, and with the In.
tent that 1t should not be 50 found or taken.
or with the Intent TO deprive the plaintiff of
the benefit thereof
8. When the defendant has been guilty of a
fraud In contracting the debt, or incurring the
obligation for which the action Is brought or
in coDcealing or dispoSing OF the property for
the taking, detention, or conversion OF which
the action is brought, or when the action Is
ceit.
4. When the defendant has removed or dis
with Intent to deiraud his creditors.
But no female shall be arrested In any ac-
tion.
5. Whenever a person domIcIed in this
State indebted by bond, note, or otherwise, Is
about TO remove or abscond from the limits of
this State, and the said debt Is not yet due,
but payable at some future day, it shall and
may be lawful for the obligee, payee, or hold
, er of said demand, or his assignee, or en-
dorsee, as the case may be, upon swearing
that such person Is indebted to him, and that
the demand Is just and owing but not yet due,
and that the debtor Is about to abscond o: re-.
move without the limits Of this State, and
that such creditor was not aware that the
debtor had any Intention to remove from the
State ut the time when the original contract
was made, or at the time Of such assignment,
or endorsement as the case may be, TO COM
mence an action by issuing summons and
complaint, and shall have power to arrest
and hold to bail In such manner as Is now
prescribed In this chapter In cases of debts
actually due.
The intent is perfectly plain. In all the
cases the conduct of the defendant must be
tainted with fraud before he can be imprison
ed for non-payment of his debt. The fraud,
too must be legal one. The conduct of the
defendant may reek with dishonesty, or be
dishonorable to any degree, but that is not
sufficient. simple buying of goods with no
intention of paying for them, or with the in.
tention at the time of not paying for them is
not sufficient. The purchaser or borrower
may at the time have made up his mind
whether he will ask the benefit of the home.
stead exemption or rely on a bogus mort
gage" He may even borrow money with his
wife as his surety, with the intention at the
time OF receiving the accommodation, OF re.
fusing to pay, and defending the suit on the
All these he may do and not be punished
But let him obtain money by false pretence
or dispose of crops on which there is lien,
and let him once get into the clutches of his
debtor through the law, and how fares he
Upon the proper order he Is arrested, and al
any time before execution may offer bail. AZ
Ter execution it Is as follows:
SEC 3os II the action be one In which the
defendant might have been arrested, as pro-
vided In Section 200 and Section 2O2, an execu.
tion against the person of the Judgment debt
or may be issued TO any county within the ju.
risdlction Of the Court, after the return of an
execution against his property unsatisfied in
whole or In part.
Then also the plaintiff in all such cases
must pay "to the keeper OF the jail eeky in
advance" the expenses In Jail OF the debtor,
and in case he fails to do SO the defendant
may be discharged. He may effect his own
discharge by full and fair Assignment of his
property for the benefit of his creditors-out
Of which the amount allowed as homestead
exemption Is saved 10 heads of families.
! The weak point In our law is the allowance
Of homestead. That provision takes from un.
der its power all except unmarried men. But
the mercy which gives TO familics-wiyes and
children-tEe homestead exemption secures II
in all cases, whether the head of. the family
be rascal an "unfortunate,' the victim ol
circumstances or an honest man.
This incident in York calls TO mind the fa-
nous hotel de detention ut Clichy, near Par.
is, perhaps the most elaborate arrangement
for the comfort Of debtors and the vengeance
and discharged YOU could never again enter
those walls. With the farewell given to you
as gentleman 1t was understood that anoth.
er application would make you an impostor
and rascal. Among its inmates could be
found men from every class OF citizens
Merchants whose clerks had stolen. Mer.
chants who had speculated. Merchants whose
wives had contracted debts they could not
pay. Lawyers who had used money OF their
clients. Bankers who had misplaced title
deeds. BARRIERS whose mistresses had been
eXtravagant Peddlers, gardeners, trucksters,
| fishermen-all there receiving alike a franc per
lived in common. To some tho allowance
was munificent, to some suffctcncy, to some
scanty support. Some never drew it. The
wealthy gentlemen who could not pay their
debts had their suits OF rooms, their conve-
niences. their amusements, their luXuries.
| Every thing except intercourse with the out
There were rooms furnished and unfurnished
There were tools and trades. Every new
conner found employment and his own EN-.
ployment for which he was paid as when "uut
world, where all the inhabitants resembled In
that they were unable or unwilling to pay.
Some were pleased and some cursed the Gus.
tom of imprisonment for debt.
i The principal drawback to the plan can be
best shown by example: A man has large
tails he is perfectly familiar. With his stand
ing and his circumstances he is better ac
quainted than any other. bi i'll falls due. He
cannot pay. In two hours heis seeking apart
ments in "ClIchy' and an officer OF the Cour,
Is winding up his affairs to bis own utter
ruin and the loss of his creditors. Provided
this fault can be cured we see no objection tc
n debtor being forced by confinement TO make
a full and fair assignment OF all his property
as provided in this State with the provision
that any fraud or sharp practice In his sched
ule and assignment will again place him III
durance vile.